HomeMy WebLinkAbout1998-10-07; Planning Commission; Resolution 4407,
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PLANNING COMMISSION RESOLUTION NO. 4407
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING
PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE
OF HOOVER STREET, WEST OF ADAMS STREET AND
EAST OF HIGHLAND DFUVE IN LOCAL FACILITIES
MANAGEMENT ZONE 1.
CASE NAME: BARBOUR RESIDENCE
CASE NO.: CDP 98-30
COASTAL DEVELOPMENT PERMIT NO. CDP 98-30 ON
WHEREAS, John Barbour, “Developer”, has filed a verified applical
the City of Carlsbad regarding property owned by John R. Barbour and Candy R. 1
“Owner”, described as
That portion of Lots two (2) and three (3) in Block “C” of Bella
Vista, in the City of Carlsbad, in the County of San Diego,
State of California, according to map thereof No 2152, filed in
the office of the County Recorder of San Diego County.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a
Development Permit as shown on Exhibits “A” - “R” dated October 7, 1998, on fi
Planning Department, BARBOUR RESIDENCE, CDP 98-30 as provided by
21.20 1.040 of the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 7th day of October l!
a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all tc
and arguments, if any, of all persons desiring to be heard, said Commission considered a
relating to the CDP.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the
Commission of the City of Carlsbad as follows:
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A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Cor
APPROVES BARBOUR RESIDENCE, CDP 98-30 based on the 1
findings and subject to the following conditions:
Findings:
1. That the proposed development is in conformance with the Mello I1 segme.
Certified Local Coastal Program and all applicable policies in that the site is de
for single family residential development, the development does not obstru
or otherwise damage the visual beauty of the coastal zone and no agr:
activities, sensitive resources, geologic instability or coastal access oppo
exist on the site.
2. The project is consistent with the provisions of the Coastal Resource PI
Overlay Zone (Chapter 21.03 of the Zoning Ordinance) in that the pro
adhere to the City’s Master Drainage and Storm Water Quality Managem
and Grading Ordinance to avoid increased runoff and soil erosion, no natu
slopes or native vegetation are located on the subject property and the si
located in an area prone to landslides, or susceptible to accelerated erosio:
or liquefaction.
3. The Planning Director has determined that the proposed project will no1
significant impact on the environment and has issued a Negative Declaration
4. All necessary public improvements have been provided or will be required as c(
of approval.
5. The Developer has agreed and is required by the inclusion of an appropriate con
pay a public facilities fee. Performance of that contract and payment of the
enable this body to find that public facilities will be available concurrent with need a:
by the General Plan.
6. The project has been conditioned to pay any increase in public facility fee,
construction tax, or development fees, and has agreed to abide by any a
requirements established by a Local Facilities Management Plan prepared pur
Chapter 21.90 of the Carlsbad Municipal Code. This will ensure continued avail2
public facilities and will mitigate any cumulative impacts created by the project.
7. The project has been conditioned to ensure the building permits will not be issue
project unless the District Engineer determines that sewer service is availa
building cannot occur within the project unless sewer service remains available:
District Engineer is satisfied that the requirements of the Public Facilities Eleme
General Plan have been met insofar as they apply to sewer service for this project
PC RES0 NO. 4407 -2-
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8. Statutory School fees will be paid to ensure the availability of school faciliti
Carlsbad Unified School District.
Conditions:
1. Staff is authorized and directed to make, or require Developer to make, all cc
and modifications to the document(s) necessary to make them internally consist&
conformity with final action on the project. Development shall occur substar
shown in the approved Exhibits. Any proposed development different fi
approval, shall require an amendment to this approval.
2. The applicant shall apply for and be issued building permits for this project P
two (2) years of approval or this coastal development permit will expire u
extended per Section 2 1.20 1.2 10 of the Zoning Ordinance.
3. Approval of CDP 98-30 is granted subject to the approval of HDP 98-06, CD:
30 is subject to all conditions contained in HDP 98-06 for the Hillside Develop
Permit.
4. The Developer shall comply with all applicable provisions of federal, state, and
ordinances in effect at the time of building permit issuance.
5. Building permits will not be issued for development of the subject property unles
District Engineer determines that sewer facilities are available at the tim
application for such sewer permits and will continue to be available until tin
occupancy.
6. The Developer shall pay the public facilities fee adopted by the City Council on
28, 1987, (amended July 2, 1991) and as amended from time to time, and
development fees established by the City Council pursuant to Chapter 21.90 o
Carlsbad Municipal Code or other ordinance adopted to implement a grc
management system or Facilities and Improvement Plan and to fulfill the subdivil
agreement to pay the public facilities fee dated April 10, 1998, a copy of which
file with the City Clerk and is incorporated by this reference. If the fees are not :
this application will not be consistent with the General Plan and approval for
project will be void.
7. The Developer shall provide proof of payment of statutory school fees to mit
conditions of overcrowding as part of the building permit application. The amou
these fees shall be determined by the fee schedule in effect at the time of bui;
permit application.
8. If any condition for construction of any public improvements or facilities, 01
payment of any fees in-lieu thereof, imposed by this approval or imposed by la7
this residential housing project are challenged this approval shall be suspende
provided in Government Code Section 66020. If any such condition is determinc I I 1 PC RES0 NO. 4407 -3 -
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be invalid this approval shall be invalid unless the City Council determines th
project without the condition complies with all requirements of law.
9. Prior to hauling dirt or construction materials to or from any proposed constm
site within this project, the developer shall submit to and receive approval fi-or
City Engineer for the proposed haul route. The developer shall comply wit
conditions and requirements the City Engineer may impose with regards tc
hauling operation.
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11. Based upon a review of the proposed grading and the grading quantities shown o 7
10. The developer shall pay all current fees and deposits required.
must submit and receive approval for grading plans in accordance with city code:
site plan, a grading permit for this project appears to be required. The deve 8
9 standards prior to issuance of a building permit for the project.
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12. Prior to the issuance of building permits, the owner of the subject property
execute an agreement holding the City harmless regarding drainage acros:
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adjacent property.
13. Prior to approval of any grading or building permits for this project, the owner
13 give written consent to the annexation of the area shown within the boundaries o
subdivision plan into the existing City of Carlsbad Street Lighting and Landscz 14 District No. 1 on a form provided by the City.
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14. No grading for private improvements shall occur outside the limits of the pr
unless a grading or slope easement or agreement is obtained from the owners o
affected properties and recorded. If the developer is unable to obtain the gradin
slope easement, or agreement, no grading permit will be issued. In that case
developer must either amend the site plan or modify the plans so grading will
occur outside the project site in a manner which substantially conforms to
approved site plan as determined by the City Engineer and Planning Director
20 15. A five foot wide section of property shall be dedicated by the owner along
project frontage based on a center line to right-of-way width of 30 feet an
21 conformance with City of Carlsbad Standards
22 (1 16. Plans, specifications, and supporting documents for all public improvements sha:
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prepared to the satisfaction of the City Engineer. In accordance with City Stand:
the developer shall install, or agree to install and secure with appropriate securit
provided by law, improvements shown on the site plan and the folio\
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improvements:
a. Half Street improvements for Hoover Street extending the length
property frontage
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1 Improvements listed above shall be constructed within 18 months of approv
2 secured improvement agreement or such other time as provided in said agreemen
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17. If any of the foregoing conditions fail to occur; or if they are, by their ten
implemented and maintained over time, if any of such conditions fail I
implemented and maintained according to their terms, the City shall have tht
revoke or modify all approvals herein granted; deny or further condition issuar
future building permits; deny, revoke or krther condition all certificates of o(
issued under the authority of approvals herein granted; institute and prosecute liti
compel their compliance with said conditions or seek damages for their viol2
vested rights are gained by Developer or a successor in interest by the City’s ap:
this Coastal Development Permit.
18. Prior to the issuance of the grading permit, Developer shall submit to the City
of Restriction to be filed in the office of the County Recorder, subject to the sx
of the Planning Director, notifying all interested parties and successors in interes
City of Carlsbad has issued a Coastal Development Permit by Resolution No.
the property owned by the Developer. Said Notice of Restriction shall note the
description, location of the file containing complete project details and all cond
approval as well as any conditions of restrictions specified for inclusion in the 1
Restriction. The Planning Director has the authority to execute and record an am
to the notice which modifies or terminates said notice upon a showing of good
the Developer or successor in interest.
Code Reminders
19. The developer shall exercise special care during the construction phase of this I:
prevent offsite siltation. Planting and erosion control shall be provided in act
with the Carlsbad Municipal Code and the City Engineer.
NOTICE
Please take NOTICE that approval of your project includes the “imposition”
dedications, reservations, or other exactions hereafter collectively referred to for conver
“fees/exactions.”
You have 90 days fiom October 7, 1998 to protest imposition of these fees/exactions,
protest them, you must follow the protest procedure set forth in Government Code
66020(a), and file the protest and any other required information with the City Man,
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure tc
follow that procedure will bar any subsequent legal action to attack, review, set aside,
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/e
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor p
PC RES0 NO. 4407 -5-
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zoning, grading or other similar application processing or service fees in connection
project; NOR DOES IT APPLY to any fees/exactions of which you have previously be
a NOTICE similar to this, or as to which the statute of limitations has previously c
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Commission of the City of Carlsbad, California, held on the 7th day of October, 199
following vote, to wit:
AYES: Chairperson Noble, Commissioners Compas, Monroy,
and Savary
NOES:
ABSENT: Commissioners Heineman and Welshons
ABSTAIN:
/I / >* j,‘ ) &”,.;: .:&$z: I>
p p& &q&&2&+$?y ,- I v,: a R $ ;, ”+ . <J /:
Q
pT -“;m $7 $,T
wa
73
, BAILEY.NOE&E, Chairpefson
~ CARLSBAD FLAMING COMMISSION
i
~ ATTEST:
I v MICHAEL J. HOLZMIL~~R
Planning Director
, I
PC RES0 NO. 4407 -6-